19860297 Ver 1_COMPLETE FILE_19861028

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor November 7, 1986 R Paul Wilms
Director
S. 'T'homas Rhodes, Secretary Mr. William B. Farris
City of Wilmington
P.O. Box 1810
Wilmington, NC 28401
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Channel Improvements and
Retention Pond
City of Wilmington
Downey Branch and Burnt Mill Creek
New Hanover County
Dear Mr. Farris:
Attached hereto are two (2) copies of Certification No. 1990
issued to City of Wilmington dated November 7, 1986.
We feel it appropriate to advise the City of Wilmington that we
have some concerns about the project.- While the project is designed to
prevent problems from stormwater (i.e. flooding and erosion), the same
runoff may cause problems to the lake being created (i.e. eutrophi.ca.tion).
It is known that urban runoff contains high coliform concentrations and
other pollutants. The effect of these pollutants can result in the
development of a highly eutrophic lake such as Wilmington's Greenfield
Iake. Wir feel that this aspect of the project should be carefully
studied by the City prior to construction of the project.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Origlh4l Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
RO Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer
r N_ CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to City of Wilmington pursuant
to an application filed on the 12th day of September, 1986 to modify
Downey Branch and Burnt Mill Creek and create.a lake.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Downey
Branch and Burnt Mill Creek in conjunction with the proposed stream work
in New Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That all fill material used shall be clean upland
fill free of any toxic materials.
3. That the rip-rap be of suitable size and weight as
to not be dislodged by the stream current, and that
it consist of clean rock or masonry material free of
debris or toxic pollutants.
4. That all sedimentation and erosion controls be in
place prior to pertinent construction.
5. That all appropriate slopes be stabilized with
vegetation immediately upon ccanpletion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 7th day of November, 1986.
DIVISION OF ENVn CNMENTAL MANA
Original Signed BY
William C. Mills
For R. Paul Wilms, Director
WQC# 1990
r.,
W o
Nan
.? Cuva ?a
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor November 7, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. William B. Farris
City of Wilmington
P.O. Box 1810
Wilmington, NC 28401
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Channel Improvements and
Retention Pond
City of Wilmington
Downey Branch and Burnt Mill Creek
New Hanover County
Dear Mr. Farris:
Attached hereto are two (2) copies of Certification No. 1990
issued to City of Wilmington dated November 7, 1986.
We feel it appropriate to advise the City of Wilmington that we
have scare concerns about the project. While the project is designed to
prevent problems fran stormaater (i.e. flooding and erosion), the same
runoff may cause problems to the lake being created (i.e. eutrophication).
It is known that urban runoff contains high coliform concentrations and
other pollutants. The effect of these pollutants can result in the
development of a highly eutrophic lake such as Wilmington's Greenfield
Lake. Wir feel that this aspect of the project should be carefully
studied by the City prior to construction of the project.
If we can be of further assistance, do not hesitate to contact us.
?. S gce?Plyy yours,
Ori oral Si ne Y
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NO CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 29, Section .0500 to City of Wilmington pursuant
to an application filed on the 12th day of September, 1986 to modify
Downey Branch and Burnt Mill Creek and create ..a. lake.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Downey
Branch and Burnt Mill Creek in conjunction with the proposed stream work
in New Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That all fill material used shall be clean upland
fill free of any toxic materials.
3. That the rip-rap be of suitable size and weight as
to not be dislodged by the stream current, and that
it consist of clean rock or masonry material free of
debris or toxic pollutants.
4. That all sedimentation and erosion controls be in
place prior to pertinent construction.
5. That all appropriate slopes be stabilized with
vegetation immediately upon ccopletion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 7th day of November, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed BY
William G. Mills
For R. Paul Wilms, Director
WQC# 1990

AL MANAGEMHNTE C E! V E D
DIVISION OF ENVIRON MENT
MEMORANDUM NOV 0 5 1986
DATE: November 3, 1986 WATER Q'J'A :Tu SECTION
OPERATION'S 99.A rH
TO: Bill Mills
Operations Branch
Cotton
H
vid
D 0
1
FROM: .
.
a .
Wilmington Regional Office
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
City of Wilmington - Downey Branch & Burnt Mill Creek
New Hanover County
The applicant proposed to modify Downey Branch and Burnt Mill Creek in
order to manage flooding and erosion problems that occur from
stormwater runoff, and to create a recreational park. The
modification to Downey Branch will include using channel linings,
culverts, and rip-rap below the ordinary high water elevation. The
modification to Burnt Mill Creek will be construction of an earthen
dam and excavation upstream to create a 25 acre lake. The lake will
serve to store water during the peak flows of storm runoff to reduce
flooding occurrences and erosion forces downstream of the spillway.
The northern side of the lake is to become a city park.
The project will require a 401 certification for the placement of fill
into the waters of the State and the certification should contain the
following conditions:
1. That all fill material used be clean upland fill free of any
toxic material.
2. That any rip-rap material used be of suitable size and weight as
to not be dislodged by the stream current, and that it consist of
clean rock or masonry material free from debris or toxic
pollutants.
3. That the construction be done in such a manner that it not cause
turbidity levels to be increase by more than 50 N.T.U.'s outside
of the construction area.
4. That all sedimentation and erosion controls be in place prior to
pertinent construction.
5. That all appropriate slopes be stabilized with vegetation
immediately upon completion.

Page Two ' J
Memo to Bill Mills
November 3, 1986
This office would like to alert the City of Wilmington as to some concerns
we have regarding the project. While the project is designed to prevent
problems from storm runoff (i.e. flooding and erosion) the same runoff
may cause problems to the lake being created (i.e. eutrophication). It is
known that urban runoff contains high coliform concentrations and other
pollutants. The :effect of these pollutants can result in the development
of a highly eutrophic lake such as Wilmington's Greenfield Lake. This
office feels that this aspect of the project must be carefully studied
prior to construction.
DHC:kc
cc: WiRO, CF
DCM - Bob Stroud
r
;s
DEPARTMENT OF THE ARMY SEP 22 1936
Wilmington District, Corps of Engineers
Post Office Box 1890 COASTAL RESOURCES COMM.
Wilmington, North Carolina 28402-1890
SAWC086-N-065-0510
September 18, 1986
PUBLIC NOTICE
THE CITY OF WILMINGTON, Post Office Box 1810, Wilmington, North Carolina
28401, represented by TALBERT, COX AND ASSOCIATES, INCORPORATED, 248 North
Front Street, Wilmington, North Carolina 28402, has applied for a Department
of the Army permit TO PLACE EXCAVATED AND FILL MATERIALS IN THE WATERS AND
WETLANDS OF DOWNEY BRANCH AND BURNT MILL CREEK TO EFFECT CHANNEL IMPROVEMENTS
AND ESTABLISH A RETENTION POND, IN WILMINGTON, New Hanover County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 20,000 cubic yards of
excavated and fill materials in wetlands, below the elevation of ordinary high
water, associated with channel lining, culvert and riprap placement, and
sedimentation basin and earthen dam construction. Beginning in the upper
reaches of Downey Branch, at Wrightsville Avenue, and proceeding downstream
for a total distance of approximately 2,085 feet, a grout filled fabric ditch
liner is to be placed in the existing channel. Beginning at a point
approximately 460 feet downstream from Wilshire Avenue, a twin 10-foot by 4
foot box culvert is to be placed through approximately 1,820 linear feet of
channel. The lower approximate 170 linear feet of the channel, immediately
before entering Burnt Mill Creek, is to be lined with riprap material. An
earthen dam and three sedimentation basins are to be constructed on Burnt Mill
Creek. The earthen dam, with a concrete spillway is to be located
approximately 1,500 feet upstream from Mercer Drive. This dam and excavation
upstream from the dam will produce a lake of approximately 25 acres. The lake
will store additional water during storm events so that the peak flow of Burnt
Mill Creek, flooding and erosive forces will all be reduced downstream of the
spillway. The northern side of the lake is to become a city park. The
purpose of the work is to manage storm water runoff and provide a public
recreational area. Plans showing the work are included with this public
notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
4.
-2-
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or'fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity

-3-
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
. Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 28, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before October 22, 1986, Attention:
Mr. William Mills.

-4-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
October 20, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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RECEIVE
OCT 2 3 1986

N.C. Div. of Environmental Management
Post Office Box 27687
Raleigh, NC. 27611-7687
Attention: Mr. William Mills
Reference: SAWC086-N-065-0510, Corp. of Eng., Wilm. District
"Storm Water Retention Pond"
Dear Mr. Mills,
10/20/86
As a lifetime resident of Wilmington, and currently a resident of Devon Park,
I am compelled to write this letter.
Please understand that I was unable to respond sooner, however, since I live on
the North end of Decatur Drive, (#506), this project is of great concern.
Page two lists the reasons for my concerns. Please look these over and forward
them to the appropriate agencies as necessary.
Thank-you for your co-operation.
Paul Canady
506 Decatur Dr.
Wilminton, NC. 28403
[phone]
s
Admiko"
page 2
1. The implementation of such a project is wastefully expensive, since no return
on the dollar can be expected.
2. The odor of such a pond is foul.
3. The presence of stagnate water will breed mosquitoes.
d. The population of other veraLu, such as snakes and rats, will increase due to
a readily avaiable water supply.
5. The acreage to the M.N. thra M.W. of this project has been zoned "Light Mawdae-
turing". This will become a convenient dump for mauufactring wastes, or at the vary
least, polluted from "industrial runoff".
6. A pond is not what the area residents wanted when the request for channel iar
provements was made.
7. A plan has not bees provided as to what will become of the area trees when the
area is flooded, nor has timetable been established for the completion of this pro-
ject.
8. Based on the above, the establishment of a "Storm Water Retention Facility will
have no recreational value at all, (as implied), and will degrade the quality of our'
life in the area, as well as reduce the property values.
I want to go on record as OPPOSING this project as wish to request that a pub-
lic hearing be held so that all the area residents can have a voice in this matter.
Sincerely,
4tz_ C,
Paul Cauady

:*.••
MEMORANDUM
TO: Bill Mills
FROM: Steve Bentont
SUBJECT: Consistency Review Project
EG E%v E0
R
OCR '4 619R?
}
The following project proposal is being reviewed for consistency
with the North Carolina Coastal Management Program.
Identifying No. ('a!42?2 ay S(a,a jet) ;?-(o nS76
Project: taw"1w; fifL??.?a-t !???n.)
Applicant: ('
DEN Reviewer sent to: Ce-7-M rJ
Response date requested:? ?
Consistency Response Deadline: ?_
M ?j w
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 10, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-065-0510
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
S E ° 12 1986
WATER QUALITY EC;TIOIN
OPERATIONS ;_ ^, #
Enclosed is the application of the City of Wilmington,
represented by Talbert, Cox and Associates, for a Department of
the Army permit and a State Water Quality Certification to place
excavated and fill materials in the waters and wetlands of Downey
Branch and Burnt Mill Creek to effect channel improvements and
establish a retention pond, Wilmington, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by November 7, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
Enclosure
Cha 4Ho is
hief, Regulatory Branch
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
7
" 7 40 ??y A
APPLICATION
FOR
PERMIT TO EXCAVATE ANO/CR FILL WATER pUAL1TY CERTIFICATION
f
EASEMENT IN LANDS COVERED BY WATER C^UA PERMIT FOR AtAl" DE's L IA?ENT'
r ,. n n
oeowuv, e of Adrninlatrubn stile oll North Canaflea 0N091%mt of the AMY
(GS 146-121 Dotrartrn"ll of Neural Ratww¢ao and Caa -YWty OrrvdormnroA Car" of Ene n"M WllanirmIi obeli ct
(GS 113.229, 143.213.34llt), 143-213.3(c), 112A•118 (33 CYR 20.320.3291
PMaes type a print and fill in all blanks If infornsatim it not applicable, so indicate by plaein` N/A in blank.
1. Applicant Information
A. Ham City of Wilmington -
Last First Middle
8. Address Post Office Box 1810
Street, P 0 Box n(Route
Wilmington. North Carolina 28401
City -)r Town Stale Zip Code Phone
IL Location of Proposed Protect:
A. Carty New Hanover
town, community or landmark Wilmington
B. 1. City,
2. Is proposed work within city limits? Yes _X No
Downey
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
--
Branch/Burnt Mill Creek
IIL Description of Project
A. 1. Maintenance of existing project N/A 2. New workChannel Improvements/Retention
B. Purpose of excavation or till Pond
1. Access channel length width depth
2. But basin lentth width depth
3. Fill area lentth width depth
4. Other Storm Drai nacfe length -- width =Z depth See Attnc-hpd ShPPt-s
C. 1. Bulkhead lentth N/A Average distance waterward of MHW (sherennel N/A
2. Type of bulkhead construction (material) N/A
0. Excavated material (tout for project)
1. Cubic yards 440, 000 t 2. Type of material Clean Fine Sand
E. Fill material to be ol.ced below MHW (see also VI A)
1. Cubic yards 20, 000 2. Type of mater al Clean Fine Sand
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated include any marshland, swamps or other wetland' Yes X No
B. Does the dispnul area include any marsnland, swamps or other wetland' Yes No X
C. Disposal Area
1. Locuinn Off site by contractor., or on site above high water/see attac
2. Do you claim title in disoosilarea'No;land acquisition process un erway.
D. Fill material vwice of lilt s lo be truc6cd in N/A
E. How will excavated matcrwl be entrapped and erounn controlled' Silt fence, straw bales, check
dams
F. Type of equipment lu he uud Pans
G. Will marshland ht crnssed in transporting equipment to protect site' If yes, explain NO
DA F-41
ftOw. 10(78
V. bMMM td Lire d tareitet Apo (tea
A. 1. Pr*sw N/A_r„_-.-¦-
2 ConwPW=W
I Htstasirtg Lbvetetstttseett or indUMW
L Isar Stormwater man
ement/public recreation area
1. Lot siawls) See attached sheets
2. Elaradon d lot(s) about m oiln Mo watt/ See attached sheets
1 cuss and Fine Clean Sand
Type of building fmilittesorstnic:utts Earth dam wi.th concrete snillwav/ Grout FillE
fabric lined channel/ Reinforced concrete box culvert.
S. SawaW disoosal and/or waste waw treatment A. Esisur:t U /A Ptannad N /A
B. Describe N /A
6. Land Classaficatirsn (circle ones (jk VELOP` IIJ TRANS& Clunk:, COMMUNITY RURAL
-W- N SAT N THIR - (See CAMA Local Land Uw Plan Synoosis)
VL twtafning to Fill and Water Quality -?'k IN 1= tdmD T A1N
A. Does the prooosed ornlect :rvolve the Placement of fill MAUr1A%ht}6w --least !ii3h water? Yes X No
L 1. Will any runoff or dtscharte enter adtacent waters as a result of orenect Activity or planned use of the
area following oraect comoleriona Yes-,40--?-
2 Type of discharge N/A
3. Location of dischArtfr N/A
VIL Ptwice rate of ihoMine erosion (if known): N/A
VUL List perwdt numbers and issue dues of previous Oeowurwrit of Army Corps of Engtneen or State permits for
twit M prgect aeaa, if goof icabl.: None
UL LaivA of tires. r•auired to cot ckw orwct. Anproximately six months
X IA addhiew to dw comalered acw4katlon form, the follow" iterrtg mim be provided:
A. AtUch a cony of the deed (with Stan aoplicuion only) or other tnstruawnt under whwh aoplic."K
daims title to the affected orooertY. OR If aopiicsnt Is not claiming to be the owner of said property,
then forward a cony of the deed a other Mstrunnwt under which the owner claims title plus written
pwrnission from the owner to carry out the oraiect on his land.
L Attach an accurate work alai drawn to scale on 8A X 11" white pacer (see instrucuon hooklet for
details). Note: Original drawsnts preferred • only h."h Quality copies accented.
G A cony of the aoobution and plat must be served noon adiacent noarian landowners by tegistemd w
certified mail or by putib", tton (G.S. 113.229 (d))Enter date served
D. List names and comolete addresses of the rioarian landowrsns with proowty sdicining laptrcJnt's.
Such owner have 30 days to which to submit comments to aeencies lived below.
See attached sheets
XL Certification requirement: I certify that to L" best of ny kAOwledtg, the prooosed activity compitn
with the State of North Carolinas aooroved coastal management orowam and will be conducted -n a
manner consistent with such program.
XIL Any permit issued purxunt to this aoolication will jPow only the develooment described to this appli
cation and alit. Acolic.ants should therefore describe in the aoolicatton and plat all antlopated devef-
ownent activities, including convruc:ion, esteavation, filling, and land cleaving.
DATE ZdtL
Aois icant's Signature
afJ2 SEE REVERSE SIDE FOR MAILISG ImSTRUCTInwc

Sheet # Lot #
DOWNEY BRANCH/BURNT MILL CREEK
LIST OF AFFECTED LAND OWNERS
Owner Name
Easement
Amount
1 1 William D. Holmes .0651 AC
1 2 Frank D. Bridger .0586 AC
1 3 Robert A. Moore, Jr. .0611 AC
1 4 Leonard J. Clark .0636 AC
1 5 Buster B. Johnson .0838 AC
1 6 Styers Green .0891 AC
1 7 Robert C. Wyckoff .0603 AC
1 27 Jerry L. Sloan .0800 -AC
1 28 William Dougherty .0972 AC
1 29 William Dougherty .0210 AC
1 30 Lizzie Mae Edwards .0828 AC
2 Glenn W. Hodges .0116 AC
2 Caper Corp. .9186 AC
2 Lubin F. Bullard, Jr. .4157 AC
2 Birch Creek (PH. 3-A) .0716 AC
2 Birch Creek (Club House) .0307 AC
2 Birch Creek (PH. 1-E) .0109 AC
2 Birch Creek (PH. 1-C) .0521 AC
2 Birch Creek (PH. 1-B) .0855 AC
2 Birch Creek (PH. 1-19) .3794 AC
3 1 Stanley Schiller .0451 AC
3 2 Paul Y. Canady .0480 AC
3 3 Marylin K. Christoph .0504 AC
3 4 Douglas W. Jackson .0516 AC
3 5 John C. Meyers .0571 AC
3 6 Walter McAllister .0821 AC
3 7 John S. Clark, Jr. .0865 AC
3 8 Robert Sziemklewiez .0639 AC
3 9 John H. Talley, III .0560 AC
3 10 John North .0642 AC
3 11 Van, Hill King, III .0580 AC
3 12 Thomas Simmons .0344 AC
3 14 Salvatrice Weaver .0624 AC
3 15 Millard Meyer Young .0976 AC
3 16 Margaret S. Pridgen .0746 AC
3 17 Nancy M. Speck .0619 AC
3 18 Blanche Kinser .0647 AC
3 19 Lawrence Garimann .0605 AC
3 20 Edward Watkins .0597 AC
3 21 Ethel G. Blackmore .0318 AC
3 22 Hubert E. Kennedy .0475 AC
3 23 James L. Norment .0535 AC
3 24 James E. Watkins .0585 AC
3 25 Jessie J. Barrett .0592 AC
3 26 Stanley J. Schiller .0802 AC
KR:med
8/26/86
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers Vv 2 2 1986
Post Office Box 1890
Wilmington, North Carolina 28402-1890 WA
OPERA 'Flo TER QUAl iT y sf C770 rU
SAWC086-N-065-0510 September 18, 1986
PUBLIC NOTICE
THE CITY OF WILMINGTON, Post Office Box MO, Wilmington, North Carolina
28401, represented by TALBERT, COX AND ASSOCIATES, INCORPORATED, 248 North
Front Street, Wilmington, North Carolina 28402, has applied for a Department
of the Army permit TO PLACE EXCAVATED AND FILL MATERIALS IN THE WATERS AND
WETLANDS OF DOWNEY BRANCH AND BURNT MILL CREEK TO EFFECT CHANNEL IMPROVEMENTS
AND ESTABLISH A RETENTION POND, IN WILMINGTON, New Hanover County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 20,000 cubic yards of
excavated and fill materials in wetlands, below the elevation of ordinary high
water, associated with channel lining, culvert and riprap placement, and
sedimentation basin and earthen dam construction. Beginning in the upper
reaches of Downey Branch, at Wrightsville Avenue, and proceeding downstream
for a total distance of approximately 2,085 feet, a grout filled fabric ditch
liner is to be placed in the existing channel. Beginning at a point
approximately 460 feet downstream from-Wilshire Avenue, a twin 10-foot by 4-
foot box culvert is to be placed through approximately 1,820 linear feet of
channel. The lower approximate 170 linear feet of the channel, immediately
before entering Burnt Mill Creek, is to be lined with riprap material. An
earthen dam and three sedimentation basins are to be constructed on Burnt Mill
Creek. The earthen dam, with a concrete spillway is to be located
approximately 1,500 feet upstream from Mercer Drive. This dam and excavation
upstream from the dam will produce a lake of approximately 25 acres. The lake
will store additional water during storm events so that the peak flow of Burnt
Mill Creek, flooding and erosive forces will all be reduced downstream of the
spillway. The northern side of the lake is to become a city park. The
purpose of the work is to manage storm water runoff and provide a public
recreational area. Plans showing the work are included with this public
notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:

-2-
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates,.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity

-3-
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or.fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 28, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before October 22, 1986, Attention:
Mr. William Mills. ,

-4-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
October 20, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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